Ahlam KANDIL-ELSAYED, Plaintiff-Appellant,
v.
F & E OIL, INC., Defendant-Appellee.
Renee Pinsky and David Pinsky, Plaintiffs-Appellants,
v.
Kroger Co. of Michigan, Defendant-Appellee.
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued on application for leave to appeal March 2, 2023.
Decided July 28, 2023.
Attorney(s) appearing for the Case
Ravid & Associates, PC, Southfield, (by Tali Flam Wendrow and Kristian Kajdic) for plaintiff in Docket No. 162907.
Vandeveer Garzia, PC (by Donald C. Brownell, Troy, Rick Patterson, Auburn Hills, and Stephanie L. Arndt) for defendant in Docket No. 162907.
Steven A. Hicks for plaintiffs in Docket No. 163430.
Landry, Mazzeo & Dembinski, PC, Farmington Hills, (by Nancy Vayda Dembinski, Farmington Hills) for defendant in Docket No. 163430.
Ernst Charara & Lovell, PLC (by Kevin S. Ernst) for Ernst Charara & Lovell, PLC, amicus curiae.
Novara Tesija Catenacci McDonald & Baas, PLLC, Southfield, (by Karen Libertiny Ludden) for Acuity Insurance and Insurance Alliance of Michigan, amici curiae.
Fabian, Sklar, King & Liss, PC, Farmington Hills, (by Donald M. Fulkerson) for the Michigan Association for Justice, amicus curiae.
Mary Massaron, Bloomfield Hills, for the Chamber of Commerce of the United States of America, amicus curiae.
Collins Einhorn Farrell PC, Southfield, (by Michael J. Cook) for the Auto Club Group Insurance Company, Auto Club Insurance Association, Fremont Insurance Company, MemberSelect Insurance Company, and Meemic Insurance Company, amici curiae.
Zausmer, PC (by Nathan S. Scherbarth, Detroit, John A. Lewsley, and Jonathan R. Freshour) for Michigan Defense Trial Counsel, Inc., amicus curiae.
BEFORE THE ENTIRE BENCH.
OPINION
Clement, C.J.
In these combined cases, we must determine the appropriate legal framework to apply when an invitee is harmed by a condition on a land possessor's property. In Lugo v Ameritech Corp, Inc,464 Mich. 512, 516-517, 629 N.W.2d 384 (2001), we...
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